TITLE 020

(2) Airport Board:

a. Five (5) citizens, at least four (4) who are residents of the City and one (1) who may reside outside of the City but within the 81601 zip code area or own real property or a business within the City. (A 20-05 §2; A 10-07 §2)

(R 20-05 §2)

(3) Building Board of Appeals:

a. Building inspector, ex officio;

b. One (1) professional engineer who may reside outside of the City but within the 81601 zip code area or own real property or a business within the City; (A 10-07 §2)

c. One (1) licensed contractor who may reside outside of the City but within the 81601 zip code area or own real property or a business within the City; (A 10-07 §2)

d. Two (2) citizens who are residents of the City; and

(A 14-03 §2; R 20-05 §2; A 6-08 §2)

(4) Finance Advisory Board:

a. Seven (7) members of which at least six (6) are City residents. One member shall be employed in the finance industry; one member shall be employed by the tourism industry; and one member may be a non-resident, but shall own or be employed by a business within the City. (A 7-06 §2)

(R 20-05 §2)

(5) Parks and Recreation Commission:

a. Seven (7) citizens, at least six (6) who are residents of the City and one (1) who may reside outside of the City but within the 81601 zip code area or own real property or a business within the City. (A 10-07 §2)

b. (R 20-05 §2)

c. (R 20-05 §2)

d. One (1) youth (under the age of eighteen [18] at appointment) who shall serve a one-year term from June 1 to May 31 of the following year.

(6) Planning and Zoning Commission:

a. Seven (7) citizens who are residents of the City.

(R 20-05 §2)

(7) River Commission:

a. Nine (9) citizens, at least seven (7) who are residents of the City and two (2) who may reside outside of the City but within the 81601 zip code area or own real property or a business within the City. (R & A 20-05 §2; A 10-07 §2)

(8) Victim's and Witnesses Assistance and Law Enforcement Board:

b. (R 20-05 §2)

c. The Chief of Police as an advisory member, but a nonvoting member of the Board.

(9) Transportation Commission:

(R 20-05 §2)

(10) (A 14-03 §5; R 20-05 §2; R 13-06, §2)

(11) Glenwood Springs Housing Commission:

(R 20-05 §2)

Membership should reflect a broad representation of organizations and other entities which are related to housing, including but not limited to the financial community, the building and development community, the real estate industry, and organizations which support low-income residents of the community.

(12) Historic Preservation Commission:

(R 20-05 §2)

(13) Council and Staff Participation on Boards and Commissions:

a. The Mayor may appoint up to two (2) members of Council to act as a liaison between Council and a Board or Commission.

b. The City Manager may appoint a member of staff to assist a Board or Commission as necessary to fulfill their duties as provided for in 020.020.030.

(A 20-05 §2; A 12-09 §2)

(Code 1971 §§2-61, 4-75, 4-230, 15-2; Ad 26-84 §1; R 19-89 §1; R 12-90 §1; Ad 54-90 §1; Ad 29-91 §1; A 10-93 §1; Ad 29-93 §1; Ad 7-94 §1; Ad 23-94 §1; Ad 10-95 §1; R & Re 19-95 §§1, 2; R & Re 40-95 §1; Ad 28-97 §1; Ad 29-97 §1; A 1-01 §1; A 61-01 §2; A.9-04 §1; A & R 20-05 §2; A 10-07 §2; A 12-09 §2)

020.020.030 Powers and duties of boards and commissions.

(a) Local Liquor Licensing Board.

(1) Powers and duties of Local Liquor Licensing Board. The Local Liquor Licensing Board shall have the powers granted to local licensing authorities pursuant to Title 12, Articles 46 and 47, C.R.S.

(2) Temporary permits. The City Clerk is hereby delegated the authority to issue temporary fermented malt beverage permits to license transferees, as authorized by Section 12-46-106.5, C.R.S., as amended, and temporary permits for any class of liquor license as authorized by Section 12-47-106.5, C.R.S., as amended. Each temporary permit shall authorize the transferee to continue selling fermented malt beverages and other licensed beverages in accordance with state law during the period in which an application to transfer is pending. The City Clerk may issue the temporary permit if: (a) the premises shall have been previously licensed by the State and the license is valid at the time the application for transfer is filed; (b) the application appears to be in order, an application for transfer of the appropriate license has been filed, all fees have been paid, the initial background check has been successfully completed, and the fingerprint cards have been completed; and (c) the application for the temporary permit is filed no later than thirty (30) days after the filing of the application for transfer and associated fees paid. No temporary permit issued by the City Clerk shall be for a period greater than one hundred twenty (120) days from the date of its issuance.

(3) Wine tastings. The Local Liquor Licensing Board is authorized to issue annual wine tasting permits pursuant to C.R.S. 12-47-301 with the following conditions: (a) All requirements of C.R.S. 12-47-301 have been met; and (b) Payment of an annual application fee of $100.00; and (c) No more than 104 wine tastings may be held during the term of any permit issued pursuant to this section; and (d) Permit holders shall notify the City Clerk and Police Department at least seven (7) days prior to any wine tasting. (Ad 20-04, §1)

(4) Rules, policies and procedures. The Local Liquor Licensing Board shall adopt rules, policies and procedures for the implementation of its duties and powers as those have been granted pursuant to Title 12, Articles 46 and 47, C.R.S.

(5) Report to City Council. The Local Liquor Licensing Board shall be required to report on all actions taken with respect to the issuance of or control over liquor licenses within the City to the City Council. Reports shall be made in a timely fashion to the City Council.

(6) Appeal to City Council. Any decision of the Local Liquor Licensing Board may be appealed to the City Council within ten (10) calendar days, or at the next regularly scheduled meeting. City Council shall have the authority to sustain, modify or overturn the decision of the Local Liquor Licensing Board. In any event, the City Council shall direct the Local Liquor Licensing Board to take a particular action. The Local Liquor Licensing Board shall conform to the written direction of the City Council within ten (10) calendar days from the date of the written directive. (A 42-00 §1)

(7) Appeal to District Court. Any person applying to the District Court for review of a decision of the Local Liquor Licensing Board shall apply for review within thirty (30) days of the decision of the Local Liquor Licensing Board. The thirty-day period shall be inclusive of the appeal process to City Council as outlined in Subparagraph (5) above.

(b) Powers and Duties of Airport Board. The powers and duties of the Airport Board shall be to investigate, study and report to the City Council all matters concerning the airport facilities of the City and other matters concerning the subject of aviation which may be pertinent to the City as shall be requested of the Airport Board by the City Council; and such Board may investigate, study and report to the City Council on such other matters concerning the Municipal Airport as the Board may deem for the best interests of the City.

(1) To hear appeals in accordance with the International Building Code, International Residential Code and the other adopted codes from the International Code Council, as adopted or amended by Title 060 of this Code. Such power shall not include matters of interpretation arising under the Code.

(2) To issue and revoke or suspend a City's contractor's license as provided in Title 050.

(3) To investigate, study and report to the City Council such other matters concerning contractor licensing and regulations as the Board may deem in the best interests of the City.

(4) To investigate, study and report to the City Council matters of fire protection and prevention coordination and cooperation between the City Fire Department and the Glenwood Springs Rural Fire Protection District.

(A 61-02 §4; A 6-08 §2)

(d) Powers and Duties of Finance Advisory Board. The Finance Advisory Board shall advise and assist the City Manager and Finance Director in the preparation of the City budget, the establishment of accounting systems for the City, the planning of expenses, the projection of revenues and the analysis of the other fiscal matters presented to the Board by the City Council. The Finance Advisory Board shall also be responsible for making recommendations to City Council regarding grants from the City's various grant programs as Council may establish from time to time. No decision of the Finance Advisory Board shall be binding upon the City or anyone acting on its behalf. (A 7-06 §3)

(e) Powers and duties of Parks and Recreation Commission. The powers and duties of the Parks and Recreation Commission shall be:

(1) To investigate, study and report to the City Council all matters concerning City parks and recreation within the City and other matters concerning the subject of parks and recreation which may be pertinent to the City and requested of such Commission by the City Council.

(2) To investigate, study and report to the City Council on such other matters concerning parks and recreation within the City as the Commission may deem in the best interests of the City.

(3) To provide technical assistance, advice and planning support to the Parks and Recreation Director and City Council regarding tree planting and maintenance needs in the City.

(4) To provide recommendations from time to time regarding the administration and implementation of Article 090.050 of this Code.

(5) To investigate, study and report to City Council all matters concerning the burial and internment facilities of the City and other such matters as may be requested by City Council from time to time.

(6) To investigate, study and report to City Council on such other mattes concerning burial and internment facilities and such other similar mattes as the Commission may deem in the best interests of the City.

(7) To investigate, study and report to City Council any and all matters concerning the use and operation of the City=s Community Center.

(8) To coordinate with other City boards and commissions on any aspect of the Community Center that may relate to the powers and duties of such other boards and commissions.

(9) To investigate, study and report to City Council on grants, donations and other forms of funding to assist in the operation of the Community Center, and to otherwise advise City Council on budgetary needs related to the operation of the Community Center. (A 61-02 §4)

(f) Powers and duties of Planning and Zoning Commission. The powers and duties of the Planning and Zoning Commission shall be:

(1) To develop and recommend a master plan subject to the approval of the City Council and its environ in accordance with the provisions of this Code and the laws of the State.

(2) To recommend to the City Council boundaries of zone districts and regulations to be enforced therein, in accordance with the provisions of this Code and the laws of the State.

(3) To review proposals relating to subdivision, development and use of land and make decisions or recommendations on such proposals, in accordance with the procedures and provisions set forth in this Code.

(4) To hear and decide appeals wherein there is a question of interpretation of the zone district map, the master plan or related documents and similar questions as they may arise in the administration of this Code.

(5) The Planning and Zoning Commission shall have the duty and power to act on appeals with regard to matters arising from enforcement of provisions of Title 070 of this Code, including:

a. Review of administrative decisions. To hear and decide appeals where it is alleged there is error in any action, including any order, interpretation, requirement, decision or determination made by an administrative official of the city in the enforcement of Title 070 of this Code.

b. Variances. To hear and decide requests for variances from the zoning provisions and sign regulation provisions where there are unique, unnecessary and unreasonable hardships in the way of carrying out the strict letter of said provisions; and to hear and decide requests for variances to allow deviations from restrictions upon the construction and placement of buildings and other structures on site. Examples of such variances include, but are not limited to, modifications of minimum area requirements, building coverage and setback restrictions. Variances from permitted and special review uses in zone district text shall not be considered.

(6) To perform such other functions as required by the provisions of Title 070.

(g) Powers and duties of River Commission. The powers and duties of the River Commission shall be:

(1) To investigate, study and report to the City Council any and all matters concerning the use, enjoyment, preservation and conservation of the open space, rivers and streams in the City and its environs.

(2) To coordinate with the Planning and Zoning Commission and Parks and Recreation Commission in the formulation, recommendation and implementation of plans for open space, rivers and streams and other land uses throughout the City.

(3) To advise the City Council on public access to the open space and rivers and the establishment of a river trail system and open space preservation strategy.

(4) To advise the City Council on the use of municipally owned property adjacent to the rivers and City construction projects in or adjacent to the rivers or open space.

(5) To promote open space and riverfront cleanup efforts.

(6) To investigate, study and report to the City Council on grants, donations and other forms of funding to assist in the acquisition and preservation of open space and improvement of the rivers, and to otherwise advise the City Council on budgetary needs related to preservation of open space and river improvement.

(7) To appoint subcommittees as necessary to carry out the foregoing functions.

(h) Powers and duties of the Victim's and Witnesses Assistance and Law Enforcement Board.

(1) The Board shall designate one (1) of its members as chairman, shall establish rules of procedure and order and shall hold meetings as it might deem necessary.

(2) A surcharge equal to twenty-five percent (25%) of the fine imposed for violation of all municipal ordinances, including ordinance violations under the Model Traffic Code, is hereby levied on each Municipal Court action resulting in a conviction, plea of guilty or no contest or in a deferred judgment and sentence, which municipal ordinance violation is charged pursuant to City ordinances. All calculated surcharge amounts resulting in dollars and cents shall be rounded to the nearest whole dollar. In the event a portion of the fine is suspended, the surcharge levied shall be computed based upon the original fine, regardless of whether a portion of said fine has been suspended. Said surcharges shall be paid to the Clerk of the Court by the defendant, and said Clerk shall deposit the money so received in the fund hereinafter created. (A 33-05, §2)

(3) The Victim's and Witnesses Assistance and Law Enforcement Fund, hereinafter referred to as the "Fund," consist of all monies paid as a surcharge as provided in Subsection (2) above. All monies deposited in the Fund shall be deposited in an interest-bearing account, and all interest earned by monies in the Fund shall be credited to the Fund. The City Manager, by and through the Finance Director, shall be responsible for establishing a separate fund for purposes of accounting for the revenues and expenditures. At the conclusion of each fiscal year, all monies remaining in the Fund shall remain in the Fund for allocation as hereinafter set forth.

(4) The Board shall disburse monies from the Fund in the following manner:

a. First, to the payment of all reasonable and necessary expenses and costs incurred by the Board in the performance of its duties, including but not limited to professional fees, office supplies and meeting expenses.

b. Second, not less than fifty percent (50%) of the monies remaining in the Fund after the deduction of reasonable expenses and costs shall be allocated for the purchase of victims= and witnesses= services and reimbursements, as hereinafter set forth. No funds shall be paid except in those specific instances where a police report has been filed by the Police Department for an alleged violation of a municipal ordinance, regardless of whether the perpetrator has been identified, arrested or prosecuted.

c. Third, any remaining monies may be allocated to the Police Department for the following purposes, including, but not limited to: equipment purchases, training programs for personnel and the employment of additional personnel. Such funds shall not be used by the Police Department for defraying the costs of routine and ongoing operating expenses. No disbursement within this category of expenditure shall be made without the approval of the City Council following a written recommendation by the Board.

(5) Disbursement of funds by the Board on behalf of the victim's and witnesses assistance services may be used for the following purposes:

a. Provision of services for early crisis intervention;

b. Assistance in prompt return of victims' property;

c. Assistance to victims and witnesses in arranging transportation to and from court;

d. Provision of translator services;

e. Protection from threats of harm and other forms of intimidation;

f. Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids or other prosthetic or medically necessary devices; and

g. Losses resulting from property damage, including repair or replacement of property damaged as a result of crime or payment of the deductible amount on a residential insurance policy in an amount not to exceed five hundred dollars ($500.00). Victims' recovery due to property damage shall not exceed five hundred dollars ($500.00) for any crime, but in no case shall a loss be compensable if the aggregate property damages are less than twenty-five dollars ($25.00).

(6) The Board is authorized to accept and evaluate all applications for disbursement of funds, whether emanating from victims, witnesses or law enforcement agencies. Applications for disbursement shall be made upon forms prescribed by the Board, and made available by the Municipal Court and the Police Department. The Board shall establish its own criteria for evaluating applications for disbursement, and nothing herein contained shall obligate the Board to make disbursement of any funds available to it. Upon a finding by the Board that a disbursement shall be made from the Fund, the Board shall submit a written request for payment to the Finance Department, which shall then remit payment in accordance with the request.

(7) The Board is required to submit minutes of its meetings to the City Council at the next regular Council meeting following the Board's meeting.

(i) Powers and duties of Transportation Commission. The powers and duties of the Transportation Commission shall be:

(1) To investigate, study and report to the City Council any and all matters concerning transportation issues which directly affect the City.

(2) To investigate, study and report to the City Council on other intergovernmental committees, boards or commissions working on transportation issues in the Tri-County (Pitkin, Garfield and Eagle) area.

(3) To meet with the City Council on an annual basis to identify which transportation issues require priority attention.

(4) To investigate, study and report to the City Council on grants, donations and other forms of funding to assist in meeting the transportation needs of the City.

(5) To perform functions concerning oversight of transportation issues or functions as delegated by the City Council.

(6) To appoint subcommittees as necessary to carry out the foregoing functions subject to the approval of the City Council.

(j) (R 13-06, §2)

(k) Powers and duties of Glenwood Springs Housing Commission. The powers and duties of the Housing Commission shall be:

(1) To investigate, study and report to the City Council any and all matters concerning housing issues which directly affect the City, including the preparation of a Comprehensive Housing Affordability Strategy (CHAS).

(2) To assist City Council in defining the nature and scope of housing opportunities in the City.

(3) To meet with the City Council on an annual basis to identify which housing issues require priority attention.

(4) To investigate, study and report to the City Council on grants, donations and other forms of funding to assist in meeting the housing needs of the City.

(5) To perform functions concerning oversight of housing issues or functions as delegated by the City Council, including monitoring the implementation of activities as described in the CHAS.

(6) To appoint subcommittees as necessary to carry out the foregoing functions subject to the approval of the City Council.

(l) Powers and duties of Historic Preservation Commission. The powers and duties of the Historic Preservation Commission shall be:

(1) To recommend to City Council methods for the protection and preservation of the City's historic and cultural heritage, including, but not limited to, the designation of historic landmarks and districts by appropriate regulations.

(2) To recommend to City Council methods for enhancing property values and the stabilization of historic neighborhoods.

(3) To recommend to City Council methods for increasing economic and financial benefits, including, but not limited to, City attractions.

(4) To provide educational opportunities to increase public appreciation of the City's unique heritage.

(5) To do any other tasks related to the historic preservation of resources in the community of Glenwood Springs.

(Code 1971 §§2-64.1, 2-2, 2-65[a], [b], 2-65.1, 4-78, 4-232, 4-155, 15-2; Ad 26-84 §3; R 19-89 §3; R 12-90 §1; Ad 54-90 §3; Ad 39-91 §3; A 10-93 §2; Ad 29-93 §3; Ad 7-94 §3; A 17-94 §1; Ad 23-94 §3; Ad 10-95 §3; A 11-95; R & Re 19-95 §3; Ad 46-95 §1; A 55-95 §1; Ad 28-97 §3; Ad 29-97 §5; A 32-97 §1; A 42-00 §1; R & Re 61-01 §3, 4, 5; A 61-02 §4; 9-04 §1; A 33-05, §2; A 13-06, §2)

020.020.040 Appointment, removal, term and vacancies of boards and commissions.

(a) Appointment and term of members. All appointments to the boards and commissions shall be by the City Council for terms of three (3) years each, and each member shall serve until his/her successor is appointed and takes office; provided, however, that the initial terms of office may be shortened by the City Council so as to provide overlapping terms of office. All appointments shall expire the day before the first regular meeting of the City Council in February. (Code 1971 §2-63; A 6-95 §1)

(b) Alternate members. The City Council at its discretion may appoint up to three (3) persons as alternate members for each board or commission. If a regular member of a board or commission is to be absent from a meeting, the presiding officer for the meeting may select an alternate member to fill such absence and to attend and serve at the meeting. The alternate member may exercise all powers at the meeting which the absent regular member could exercise, and the alternate's powers and privileges shall terminate at the end of the meeting attended. The presiding officer may at his/her discretion select the same alternate to serve at successive meetings in the absence of any member. (Code 1971 §2-63)

(c) Limit to term of members. Unless it is deemed vital by the City Council that an appointed member of a board or commission be retained in office, each member shall be replaced after having served for six (6) years on a board or commission; however, nothing in this Subsection shall be construed to prevent the appointment of a member to a new term where, at the expiration of his/her current term, he/she will have served for less than six (6) years. (Code 1971 §2-67)

(d) Removal of members. All appointed members of a board or commission shall be subject to removal, at any time, by the City Council. In the event an appointed member of a board or commission ceases to qualify for membership, his or her appointment is immediately terminated. (Code 1971 §2-64; A 10-07 §2)

(e) Vacancies. The City Council shall fill all vacancies on boards and commissions by appointment for the unexpired term.

(Code 1971 §§2-63, 2-64, 2-67; A 6-95 §1; A 10-07 §2)

020.020.050 Organization and record keeping of boards and commissions.

(a) Officers. Each board and commission shall use its own chairman, vice-chairman and secretary, except the City Manager may provide a city employee to a board or commission to act as secretary.

(b) Minutes and records. Excepting as may otherwise be provided in this Code, minutes shall be kept of all meetings of boards and commissions. Copies of all minutes and other records of the boards and commission shall be kept in the office of the City Clerk for public inspection. Minutes and reports of all meetings of boards and commissions shall be made to the City Council within thirty (30) days following each meeting.

(Code 1971 §2-64)

020.020.060 Appointment of additional advisory boards and committees.

The City Council may appoint by resolution or ordinance such other advisory boards or committees as it may from time to time deem necessary.

ARTICLE 020.030

Conduct and Procedures for Meetings

020.030.010 Place and dates of regular and special meetings of Council.

(a) Regular Meetings. Regular meetings of the City Council shall be held at City Hall, or other designated assembly room, on the first and third Thursdays of each month. The first regular meeting of each month shall convene at 7:00 p.m. unless another time is set by prior approval of a majority of the City Council. The second regular meeting of each month shall convene at 6:00 p.m. Regular meetings shall adjourn no later than 11:00 p.m. unless a later time is agreed upon by unanimous vote of all Council Members present at said meeting. In the event one (1) or more agenda items has not been called prior to 11:00 p.m. and unanimous approval for extension of the meeting has not been obtained, such items shall be automatically continued to the next regular City Council meeting or to a special meeting called in accordance with the Charter.

(b) Special Meetings. Special meetings of the City Council shall be held in accordance with the Charter.

(Code 1971 §2-76; A 4-84 §1; A 39-87 §1; A 34-05 §1)

020.030.020 Regular and special meetings of boards and commissions.

Regular and special meetings of boards and commissions established by the City Council shall be held as follows:

(1) Regular meetings. All boards and commissions shall designate a regular meeting time and place and shall publish notice thereof in the official newspaper of the City.

(2) Special meetings. Special meetings of the boards and commissions shall be called by the City Clerk on the request of the board or commission chairperson, or one-half (½) of the members of a board or commission. At least twenty-four (24) hours' written notice shall be given to each member, served personally, or left at his/her usual place of residence. A special meeting may be held on shorter notice if all members of the board or commission are present or have waived notice thereof in writing.

(Code 1971 §2-77)

020.030.030 Meetings in addition to regular and special meetings.

In addition to regular and special meetings of the City Council and boards and commissions, the following meetings of each may be held in conformity with the following, to wit:

(1) Work sessions. Work sessions may be held at such time and place as a majority of the members may determine. The Mayor, City Manager or chairperson may call the City Council or a board or commission together for a work session at any time deemed necessary. Each work session shall be devoted exclusively to matters regarding which the interchange of information preliminary to taking action thereon is deemed to be essential. At a work session, no formal vote shall be taken on any matter under discussion nor shall any member enter into a commitment with another respecting a vote to be taken subsequently in a formal meeting. To encourage the interchange of ideas at work sessions, it shall be a standing policy that individual members not be quoted on ideas that they propose. Minutes of the proceedings of the study sessions shall not be required.

(2) Conference sessions. Conference sessions may be held prior to each regular or special meeting at such time and place as a majority of the members may determine. The Mayor or the City Manager may call the Council together for a conference session at any time deemed necessary, and the chairperson or City Manager may call a board or commission together for a conference session at any time deemed necessary. Each conference session shall be devoted exclusively to matters regarding which the interchange of information preliminary to public action is deemed to be essential. At a conference session no formal vote shall be taken on any matter under discussion, nor shall a Council or board or commission member enter into a commitment with another respecting a vote to be taken subsequently in a formal meeting. To encourage the interchange of ideas at conference sessions, it shall be a standing policy that individual members not be quoted on ideas that they propose. Minutes of the proceedings of conference sessions shall not be required.

(Code 1971 §2-79)

020.030.040 Quorum, continuance of meetings.

For the transaction of business by the City Council and boards and commissions, there shall be present:

(1) City Council. Four (4) Council Members.

(2) Boards and commissions. Except as may be otherwise provided in this Code, no fewer than one-half (½) of the members thereof.

(3) Continuances. Any meetings of the City Council or of a board or commission may be continued from day to day for more than one (1) day, but no continuance shall extend beyond the next regular meeting thereafter.

(Code 1971 §2-78)

020.030.050 Open meetings, executive sessions.

(a) Open meetings. All regular or special meetings and all work sessions and conference sessions of the City Council and boards and commissions shall be public meetings and open to the public at all times; however, the City Council may conduct an executive session upon motion made, seconded and carried by the City Council.

(b) Executive sessions. Executive sessions may be conducted only during a regular or special meeting of City Council; however, no final policy decision, resolution, rule, regulation, formal action or any action approving a contract or calling for the payment of money shall be adopted or approved at any executive session. Executive sessions only for consideration of the following, to wit:

(1) Consider the appointment, employment or dismissal of the City Manager, Municipal Judge or City Attorney.

(2) Hear charges or complaints brought against the City Manager, Municipal Judge or City Attorney.

(3) Hear testimony and statements concerning persons proposed as members of a board or commission.

(4) Legal matters which come within the attorney-client privilege.

(5) Discussions with the Chief of Police, District Attorney or their appointed representatives on matters posing a threat to the security of public buildings, public services or facilities.

(6) To determine the City's position relative to issues that may be subject to negotiation, to receive reports on negotiation progress and status, to develop strategy and to instruct the City's negotiators.

(Code 1971 §2-80)

020.030.060 Public hearings.

Except for regular and special meetings and work and conference sessions of the City Council and boards and commissions, all public hearings required by this Code shall be held only after public notice of the same is given by the City in accordance with the following procedures:

(1) Notice of the time, place and purpose of the hearing shall be published two (2) times in two (2) weekly successive publications of the official newspaper designated by the City, the first of which shall be at least ten (10) days and no more than fifteen (15) days prior to the hearing.

(2) Written notice of the time, place and purpose of the hearing shall be sent by United States mail, first class postage prepaid, properly addressed, at least ten (10) days prior to the hearing date to all persons as are entitled to receive such notice under this Code.

(3) All notices shall contain such additional information as may be required by this Code for the particular hearing to be held.

(4) A fee of not less than twenty dollars ($20.00) shall be charged for publication and actual administrative costs, unless otherwise provided in this Code.

(5) Except as otherwise provided in this Code, the City shall cause all publications to be made and notices to be mailed; however, the responsibility for the accuracy of any notice, publication and mailing shall, in each case and in all particulars, remain that of the person or entity initiating the same.

(Code 1971 §1-15)

020.030.070 Agenda for Council meetings.

(a) Preparation and delivery of agenda items. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council shall be delivered to the City Clerk no later than 5:00 p.m. on the Friday preceding the Thursday of each regular meeting of the City Council. The City Clerk and City Manager shall immediately arrange a list of such matters according to the order of business and furnish each member of the Council with a copy of the same no later than 12:00 noon on the Tuesday preceding the Thursday of each regular meeting of the City Council. No other items shall be considered by the Council except as a majority of the Council shall approve. Matters to be considered at special meetings shall be only those as stated in the call thereof.

(b) Order of business on agenda. All business of the Council shall be considered in the order of the agenda, which agenda shall be established by resolution of the Council from time to time; however, the first order of business shall be a roll call. An agenda shall also include approval of minutes of previous meetings, reports from boards and commissions, old business, new business, communications, citizens appearing before the Council, introduction and adoption of resolutions and ordinances, departmental reports and adjournment. An agenda item may be removed to another place on the agenda by motion of Council during the meeting.

020.030.080 Presiding officer, call to order.

The Mayor or, in his/her absence, the Mayor Pro Tem shall take the chair of City Council meetings at the hour appointed and shall immediately call the Council to order. The roll shall then be called by the City Clerk who shall enter in the minutes of the meeting the names of the Council Members present. In the absence of the Mayor and Mayor Pro Tem, the City Clerk shall call the Council to order whereupon a temporary chairman shall be elected by the members of the Council present. Upon arrival of the Mayor at the meeting, the Mayor Pro Tem, if then presiding, shall relinquish the chair upon the conclusion of the business immediately before the Council. If a temporary chairman is presiding, he/she shall relinquish the chair upon the conclusion of the business immediately before the Council to the Mayor or Mayor Pro Tem upon the arrival of either.

020.030.090 Conduct of meetings.

Discussion of an issue before Council shall conform to the following procedures:

(1) Debate before Council. Debate by the City Council shall be conducted as follows:

a. The Mayor, or such other Council member as may be presiding, may move, second and debate from the chair subject only to such limitations of debate as are by these rules imposed on all members, and the presiding officer shall not be deprived of any privileges of a Council Member by reason of his/her acting as the presiding officer.

b. Every Council Member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.

c. A member, once recognized, shall not be interrupted while speaking unless it be to call him/her to order or as may be otherwise provided. If a member, while speaking, is called to order, he/she shall cease speaking until the question of order is determined; and, if in order, he/she shall be permitted to proceed.

d. (R 34-86)

e. A Council Member shall have the privilege of having an abstract of his/her statement on any subject under consideration by the Council entered in the minutes.

6. The presiding officer may direct the City Clerk to enter in the minutes a synopsis of the discussion on any question under consideration by the Council.

(2) Persons addressing Council. Persons addressing the Council shall do so as follows:

a. Interested parties. or their authorized legal representatives, may address the Council by a written communication in regard to matters then under discussion.

b. Interested parties, or their authorized legal representatives, may address the Council by oral communication on any matter then under discussion by the Council or at the point in agenda for citizens appearing before Council.

c. Each person addressing the Council shall state his/her name and address and shall limit his/her statements to no more than five (5) minutes. The allotted period of five (5) minutes may be shortened by the presiding officer as provided below. If a period in excess of five (5) minutes is requested, express permission must be first obtained from the presiding officer.

d. All remarks shall be addressed to the Council as a body and not to any specific member. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No questions shall be asked of a Council Member except through the presiding officer.

e. Council Members shall have the right to question any person addressing remarks to the Council. Questioning by Council Members shall not be deemed a part of the five (5) minutes allotted to each person addressing the Council.

f. After all persons have completed their presentations to Council on any issue then being considered by Council, the matter shall be closed to public participation and all further debate shall be by Council only.

g. Prior to consideration of any item by Council, the presiding officer shall determine from the persons in attendance at the Council meeting those who wish to speak on the subject. Only those persons indicating a desire to speak shall be allowed to address the Council on the subject. If the number of persons wishing to address the Council on any subject are more than five (5), the presiding officer may shorten the five-minute period allotted to each person.

(3) Violation of order and decorum. Any person who makes personal, impertinent or slanderous remarks while Council is in session or who shall become boisterous while addressing the Council shall be forthwith barred from further audience before the Council by the presiding officer unless permission to continue is granted by a majority vote of the Council. The Chief of Police, or such member or members of the Police Department as he/she may designate, shall be the sergeant-at-arms of the Council meetings. He/she shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon the instructions of the presiding officer, it shall be the duty of the sergeant-at-arms to remove any person from the Council meeting who violates the order and decorum of the meeting.

(4) Robert's Rules of Order. Except as otherwise provided in this Code, all meetings shall be conducted in accordance with the latest edition of Robert's Rules of Order.

(R 34-86)

020.030.100 Voting.

Voting by the Council on all matters except procedural matters shall be as follows, to wit:

(1) The City Clerk shall call the name of each Council Member and the "yes" or "no" of each shall be recorded in the minutes and records of the Council proceedings.

(2) All voting upon ordinances, resolutions and motions shall be in conformity with the Charter. (Cross reference: §4.2 Charter)

(3) Except as otherwise provided in the Charter or in this Code, a motion shall be deemed carried if a quorum is present and a majority of those voting vote "yea."

(4) No affirmative action may be taken upon a tie vote; and, in the event the matter being voted upon action of Council, including but not limited to, liquor licenses and items pursuant to Title 070, a tie vote shall be considered to be a denial of the matter.

(5) Council Members not entitled to vote on a motion because of a personal or private interest shall be deemed present for purposes of determining whether or not there is a quorum present.

(A 34-86)

020.030.110 Conduct of meetings of boards and commissions.

Meetings of boards and commissions shall be conducted in as nearly a like fashion as provided above for the City Council except as the same pertains to the preparation of the meetings agenda. (Code 1971 §2-88)

ARTICLE 020.040

Conflicts of Interest

020.040.010 Title.

This Article shall be known and cited as the Glenwood Springs Conflict of Interest Code. (Ad 31-87 §1)

020.040.020 Definitions.

For purposes of this Article. the following definitions shall apply:

Affiliate or affiliated with means the present status of being an employer, employee, partner, agent, stockholder, joint venturer, officer or corporate director of any business organization, or a person who shares office space with such an organization.

Appear on behalf of another means to act as a witness, advocate or expert or otherwise to support the position of another person.

Appointee means a person appointed to a City board or commission as set forth in Article 020.020 of this Code.

Family relation means a spouse or relative up through the second degree of consanguinity.

Pecuniary stake means a present interest which may yield directly or indirectly, a monetary or other material benefit, except for duly authorized salary or other compensation from the City, to the individual or to a person or organization with whom the individual is affiliated.

Substantial interest means any present interest by a Council Member or appointee, including without limitation a pecuniary interest in the outcome of a transaction or a family relation with a person directly involved in a transaction, which would cause a reasonably prudent person observing the transaction to expect a marked tendency by the Council Member or appointee to make a decision other than an objective decision. The term substantial interest shall not be construed to include an interest which is purely speculative or hypothetical.

Transaction means any contract; any sale or lease of any interest in land, material, supplies or services; or any decision upon any land development right, license, permit, application, appointment, request for ruling or determination, or any other claim or controversy.

(Ad 31-87 §1)

020.040.030 Appearances by Council Members.

(a) No Council Member shall personally appear before the City Council or any board or commission. However, a Council Member may be affiliated with a person or organization appearing before the City Council or any board or commission if the Council Member follows the procedures prescribed by Section 020.040.060 of this Article.

(b) No Council Member shall appear on behalf of another person concerning any matter before the Municipal Court, unless ordered to do so by subpoena of the Court. A Council Member may appear on his/her own behalf in Municipal Court.

(c) Nothing contained herein shall be construed to prohibit a Council Member from addressing any body of which he/she is a member on a subject in which he/she does not have a substantial interest.

(Ad 31-87 §1)

020.040.040 Appearances by appointees.

An appointee may appear or be affiliated with a person or organization appearing concerning any transaction with the City under the following circumstances only:

(1) An appointee may appear on his/her or her own behalf before the body of which he/she or she is a member, subject to the procedures prescribed by Section 020.040.060 of this Article, or before the City Council.

(2) An appointee shall not appear on behalf of another person before the board or commission of which the appointee is a member or before the City Council. However. an appointee may appear on behalf of another person before any other board or commission of the City.

(3) An appointee may be affiliated with a person or organization appearing on behalf of another person concerning any transaction before the City Council or the body of which the appointee is a member if the appointee does not personally appear on behalf of the person and follows the procedure prescribed by Section 020.040.060 of this Article.

(4) An appointee may appear before the Municipal Court and may be affiliated with a person or organization appearing before the Municipal Court.

(5) Nothing contained herein shall be construed to prohibit an appointee from addressing the board or commission of which he/she is a member on a subject in which he/she does not have a substantial interest, or from addressing the City Council or other boards and commissions upon matters of general public policy.

(Ad 31-87 §1)

020.040.050 Participation in civil lawsuits.

No Council Member or appointee shall be a party, or personally or as an affiliate of a firm appearing on behalf of a party, in a civil lawsuit wherein the City is an adverse party, unless the Council Member or appointee first obtains the consent of the City Council. (Ad 31-87 §1)

020.040.060 Disclosure and disqualification.

(a) Applicability. A Council Member or appointee shall follow the procedures set forth in this Section if he/she has a substantial interest in a transaction with the City.

(b) Disclosure.

(1) Any Council Member with a substantial interest in a transaction with the City shall give notice of the interest to the City Council and to the City Manager as soon as reasonably possible after the interest has arisen.

(2) Any appointee with a substantial interest in a transaction before the board or commission of which he/she is a member shall give notice to the board or commission as soon as reasonably possible after the interest has arisen.

(1) Not discuss the matter with any other member of the City Council or of any board or commission involved in the transaction, except for appearances by appointees which are specifically permitted under Section 020.040.040.

(2) Refrain from voting upon or otherwise acting in an official capacity in such transaction.

(Ad 31-87 §1)

020.040.070 Violations.

(a) Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction of the same shall be punished in accordance with the provisions of Section 010.020.080.

(b) The City Council may remove any appointee who willfully violates any provision of this Chapter.

(c) If a transaction is consummated contrary to the previsions of Section 020.040.060, the City Council may void the transaction.

(d) Upon the sworn complaint of any person alleging facts which, if true, would constitute improper conduct under the provisions of this Article, the City Council shall conduct a public hearing in accordance with all of the requirements of due process of law and, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct alleged and shall take whatever action necessary to address the improper conduct. The exhaustion of the foregoing administrative remedy shall be a prerequisite to the bringing of a civil action to enforce any claim of the complainant, based in whole or in part upon a violation of this Article.

(Ad 31-87 §1)

020.040.080 City Attorney to advise.

Upon the request of any Council Member or appointee, the City Attorney shall render an advisory opinion regarding the applicability of this ordinance. However, nothing contained herein shall relieve the Council Member or appointee from obtaining the advice of private counsel in any situation where personal civil or liability may accrue. (Ad 31-87 §1)